Los Angeles daily herald., 1887-08-12

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the returning board, and that their
action received the approval Of
senator Shern,,.a'n.
As to the election no one can fore
see its results. II the Prohlbition
party enters the field, more
votes will be taken from Inc
Republicans than the Democrats. Ii
the Labor party enters the strife, the
Democrats will be the losers. The
effect OF the Labor element no one
can foresee and even the Oldest poll
ticians are disturbed by it. l do not
think the American Party will
have any ticket in the field unless 1T
be in California. The condition Of
some of the Southern States is such
that it is by no means certain as to
what their vote will be. A trifling
circumstance may change the result
| in Virginia and possibly in Tennessee.
So look upon the result Of the next
Presidential election as a great uncer-
tainty."
Reporter-"What are the possibil-
tiles as to your candidacy, II l may
ask" -.
Justice Field-'I am out of politics
entirely. Nothing that can conceive
of would induce me under any possi-
BILE circumstances to be candidate
for any political office. Nor is there
any disposition manifested anywhere
that | am aware of to make me can
didate."
Reporter-"Is there likely to be any
Legislation this coming winter in rela-
| ton to the further restriction OF the
Chinese from entering this country ?'
Justice Field-"In reply to that
question, can only say that there Is
at present more enlightened opinion
in the east on the Chinese
question and the necessity for
| further restriction measures is
more than ever made appar-
ent. l, myself, have always
thought that the immigration should
be restricted to those engaged in
foreign commerce, in importation from
China or expectation from the United
States to China. Laborers and me-
chanics should be excluded. 1t is not
for the interest of our country to per-
NIT the immigration OF persons who
cannot assimilate with our people here.
l think there could be no objection to
allowing Chinese to travel through the
country, or to attend the higher schools
of the land if they should desire so tc
do, but collisions between laborers and
mechanics will constantly arise if that
class is allowed to come and reside in
this country"
Reporter-"Have your decisions moi
been antagonistic to this view?'
Justice Field-"None whatever have
been antagonistic to that view. All !
have held is that restrictions upon the
immigration of Chinese should come
from Congress. State legislation, en-
croaching upon the powers of Congress
in that respect, has been set aside.
One of the great objects of the Consti-
tuition was to establish central
government which was to have the ex-
elusive power to regulate commerce
and intercourse with foreign nations.
There would be useless cofusion and
conflict if each of the thirty-seyen
States were allowed to make such laws
in relation to these subjects as suited
themselves. have been necessarily
bound to set aside snch legislation
when brought before me and also to
enforce the obligations OF the treaty
with them. Treaties are by the con-
stitution declared to be the supreme
law of the land, any legislation of
States Notwithstanding. Any judge
who would disregard the obligations
of the treaty and powers of Congress
would be justly ridiculed and con-
temned by all just t} Pking men Of
gress has legislated on the subject
there has been or should be no diff
Guilty in enforcing its provisions and
laws"
Reporter-"Judge, have you any
objection to speaking on the subject Of
tax cases?"
Justice Field-"Certainly l cannot
speak on the subject. l don't believe
in giving to the newspapers my reasons
for the decisions which | have rendered
beyond what are given in the opinions
delivered at the time. My opinions in
the tax cases are published. will
state, however, this much, that there
never was any reason why the State
should not have collected all the tax
Justly due upon the property of the
railroad companies. Such taxes were
liens upon all property held by the
railroad company, whether subject to
mortgages or not. The State could
have enforced that lien by suits in
equity in which the companies and
the mortgages, Tevis and Mills, would
have been parties. The whole taxes
would have been secured by sale Of
the property if not previously paid
The companies and the mortgages
could have adjusted the matter be-
tween themselves, and how would not
in that case, have concerned the State
But in such suits there would have
been no penalties. The taxes and in.
terest thereon alone would have been
secured. That process would not have
suited the lawyers engaged, who
wanted the penalties which amounted
in all the cases to several hundred
thousand dollars. They always seemed
to me to care more for those tempting
penalties than for the interest of the
State. Nor would that course have
suited other moral vitriol throwers
who have made of me their target foI
many years"
Reporter-"What legislation do you
think likely to come before Congress
this winter?'
Justice Field-"I doubt very much
whether there will be any successful
movement to modify the tariff. The
question of the reorganization of the
judiciary, which is so important, will
probably be brought up. Some steps
will be taken to relieve the Supreme
Court, which is overcrowded and is
now three years behind with its work.
In addition to that serious ef-
fort will probably be made
to modify the naturalization
laws. The doctrine that this country
is an asylum for everybody is not held
in as high repute as formerly. The
people are impatient at the coming of